ARTICLE II Recycling
[Adopted 12-18-2007 by Ord. No. 130-2007]
§ 434-7. Purpose.
The New Jersey Mandatory Source Separation and Recycling Act mandates the separation, collection and
disposition of designated recyclable materials. The City recognizes that the cost of disposing of solid
waste is increasing while available landfill facilities are decreasing. The reduction of the amount of solid
waste and conservation of recyclable materials are important public concerns because of the growing
problem of solid waste disposal and its dramatic impact on the environment. Additionally, reduction of
the amount of solid waste generated and an increase in source separation and recycling of solid waste
materials will extend the life of existing landfills. The collection of used materials, for the purpose
of recycling, from residences, businesses, and institutions in the City of Cape May will serve the general
public interest from a financial and environmental perspective. It is the intention and desire, therefore, of the City to provide a mechanism for the proper collection, removal and disposition of all solid waste and
recyclable materials, and to promote and encourage the fullest possible citizen participation in this
program.
§ 434-8. Definitions.
For the purpose of this article, the following terms, phrases and words and their derivatives shall have
meanings given herein:
COMMERCIAL or COMMERCIAL PROPERTY — All properties in which any commercial enterprise
or business is operated and/or licensed, but not including single-family rental units such as houses,
apartments and condominiums.
COMMINGLED — Combining of nonputrescible source-separated recyclable materials for the purpose
of recycling;
CURBSIDE — That portion of City property on the property owner's side of the street curb, usually
between the curb and sidewalk, but not including the sidewalk, where no containers or other obstructions
to pedestrian passage may be placed.
CONSTRUCTION AND DEMOLITION DEBRIS – Waste building materials, packaging, rubble
resulting from construction, remodeling , repair, alteration, and/or demolition operations on pavements,
houses, all residential and non-residential developments, and other structures and may include, but not be
limited to , concrete, asphalt, wood, metals, bricks, block masonry, wallboard, dirt, rocks, loadscape waste
and other inert waste.
DESIGNATED RECYCLABLE MATERIALS — Those materials designated within the Cape May
County Solid Waste Management Plan to be source-separated for the purpose of recycling by residential,
commercial, institutional and industrial sectors. These materials cannot be deposited in the landfill and
include:
A.
Materials to be set out at curbside, Category 1:
(1)
Paper products: all uncontaminated paper material, including newspaper with inserts,
magazines, office paper, junk mail, including shredded paper, telephone and paperback books,
corrugated cardboard, brown paper grocery bags. Paper must be free of nonpaper products,
including plastic, wax and polycoated boxes and food contamination.
B.
(2)
Glass, food and beverage containers: clear, green and brown food and beverage bottles and
jars, excluding blue and flat glass commonly known as window glass, mirrors, milk glass,
crystal, china and ceramic material, and light bulbs.
(3)
Metal food and beverage containers: all food and beverage containers made of metal, including
tin cans, bimetal cans, aluminum cans, aluminum food containers and beverage containers 2
1/2 gallons or less in size, including empty aerosol cans.
(4)
Plastic bottles and jugs: plastic containers that have the number one (1) through seven (7)
inside the chasing arrows recycling symbol printed on the bottom of the container 2 1/2
gallons or less in size, excluding Styrofoam containers. Motor oil, antifreeze and other
automotive fluid containers and other bottles which contained hazardous products are not
included; no motor oil bottles; no pesticide containers.
(5)
Christmas trees free of decorations, tree stands and plastic bags.
(6)
Leaves free of brush, branches, small trees, bushes, soil, animal waste and other
contamination.
(7)
Grass clippings free of brush, branches, small trees, bushes and soil.
(8)
Yard waste: trees, bushes, pruning waste and branches with a diameter of less than four inches,
excluding such waste generated from land clearing.
(9)
White goods: large metal household and commercial appliances such as, but not limited to,
stoves, refrigerators, freezers, dryers, hot-water heaters, microwaves and air conditioners.
Materials to be recycled by the individual generator, Category 2:
(1)
Brush, tree branches and stumps: all parts of vegetative growth from trees, and vegetative
materials generated during land clearing.
(2)
Ferrous and nonferrous scrap: metals, such as copper, iron, sheet metal, aluminum, radiators,
structural steel, metal pipe and "white goods," including, but not limited to, appliances
containing CFCs or freon.
(3)
Electronic waste: shall mean a computer central processing unit and associated hardware,
including keyboards, modems, printers, scanners and fax machines, cathode ray tubes,
cathode ray tube devices, flat panel displays or similar video display devices with a screen
that is greater than four inches measured diagonally and that contains one or more circuit
boards, including, but not limited to, televisions and cell phones; also includes VCRs, radios
and landline telephones.
(4)
Motor oil/kerosene/# 2 heating oil: crank-case oil and similar oils, kerosene fuel and #2 home
heating oil which are used to fuel heating equipment.
(5)
Wood pallets and crates: clean, untreated, unpainted pallets and crates only.
(6)
Batteries: lead acid batteries; used SLA (sealed lead acid) batteries generated from motor
vehicles, aviation and marine equipment.
(7)
Propane tanks: empty twenty-pound to thirty-pound BBQ-type tanks.
(8)
Contaminated soil: if classified as ID27, all fuel-contaminated soil, dewatered soil, and stone
from septic beds and similar materials which are allowed to be recycled in accordance with
the regulations of the New Jersey Department of Environmental Protection.
(9)
Commercial cooking grease: grease and oil generated from food preparation by commercial
sources only.
(10) Asphalt and concrete: asphalt and concrete materials from construction and demolition
projects.
(11) Auto and truck bodies: all junk automobiles and trucks and parts thereof.
(12) Tires: worn truck and passenger car tires.
(13)
Used oil filters: used filters that are generated from changing crankcase oil in automobiles,
trucks and other vehicles.
(14) Antifreeze: used antifreeze generated from automobiles, trucks and other vehicles/sources.
(15)
Consumer rechargeable NiCad (nickel-cadmium) and small sealed lead acid batteries: small
sealed batteries generated from use of electronic equipment.
(16)
Scrap metal: refers to but not limited to such items as aluminum siding, window frames, lawn
chair frames and other clean household and commercial aluminum, ferrous metal and tin, but
not aluminum cans, foil, trays and plates and screening.
(17)
Construction and demolition debris
(18) Bulky rigid plastic.
(19) Film plastic.
C. Recycling material list: an updated list the Department of Public Works of the City will
maintain of recycling materials accepted by the Cape May County Municipal Utilities Authority
Regional Recycling Program.
FILM PLASTIC – Boat shrink wrap, greenhouse plastic, and other pre-approved film plastics.
HAZARDOUS WASTE MATERIALS — Materials such as poisons, acids, caustics, harmful or
dangerous chemicals, infectious medical waste, offal, fecal matter, explosives, highly flammable material,
asbestos shingles and siding, oil-based paints, pesticides, oil, propane tanks and any other material as
defined hazardous or prohibited waste by the Cape May County Municipal Utilities Authority or N.J.A.C.
7:26-1, Section 2.13(d).
MUNICIPAL SOLID WASTE (MSW) STREAM — All solid waste generated at residential, commercial
and institutional establishments within the boundaries of the City of Cape May.
NONRECYCLABLE MATERIALS — All those materials which are discarded by placement at curbside
or alley for collection and final disposition, excluding designated recyclable materials and hazardous
waste materials.
A.
Garbage: the waste produced by the handling, preparation, cooking and consumption of animal or
vegetable products used for human consumption. This definition shall include any other matter that
is also subject to decomposition, decay, putrefaction or the generation of noxious or offensive gases
or odors or which, before, during and after decay, may serve as feeding or breeding material for
animals or flies or other insects.
B.
Landfillable or landfillable material: those materials such as trash, garbage and debris which the
state, county or City has, by law or regulation pursuant to law, deemed not to be generally or
economically reusable and which, therefore, are appropriate or legal for disposal in a landfill.
C.
Litter: trash, garbage, refuse or any other discarded material (used or unconsumed) which is
discarded or thrown as herein prohibited and tends to create a danger to public health, safety and
welfare.
D.
Nonrecyclable bulk items: items including but not limited to furniture, carpet, spare parts and other
material which, due to its large size, cannot be considered to be part of normal household
nonrecyclable material.
E.
Trash: waste accumulations of contaminated paper, ashes, sweepings, dust, rags or nonrecyclable
glass, metal or plastic, or any other nonhazardous waste material of any kind, other than garbage,
which is common to residential, commercial or institutional housekeeping, excluding medical waste
and used oil; and other hazardous materials.
PUBLIC USE CONTAINER — Any trash or recycling container owned by the City, located on public
property or on property publicly controlled and to be used for the deposit of trash or recyclables by the
general public while in the public domain.
RECYCLABLE MATERIALS — Those materials which would otherwise become solid waste, and
which may be collected, separated, or processed and returned to the economic mainstream in the form of
raw materials or products.
RECYCLING COORDINATOR — The person or persons appointed by the municipal governing body
and who shall be authorized to enforce the provisions of this article, and any rules and regulations which
may be promulgated hereunder. This appointee shall also be responsible to assure that all materials
recycled in the municipality are properly reported and recorded.
RESIDENTIAL or RESIDENTIAL PROPERTY — All properties, including single-family rental units
such as houses, apartments and condominiums, in which no commercial enterprise or business is operated
and/or licensed.
SOURCE-SEPARATED RECYCLABLE MATERIALS — Recyclable materials which are separated at
the point of generation by the generator thereof from solid waste for the purposes of recycling.
SOURCE SEPARATION — The process by which recyclable materials are separated at the point of
generation by the generator thereof from solid waste for the purposes of recycling.
§ 434-9. Applicability of mandatory source separation and recycling requirements.
Mandatory source separation. It shall be mandatory for all persons occupying a residence,
owners/managers of business establishments, lessees, tenants or occupants of residential and
nonresidential premises, including but not limited to retail and commercial locations, government, schools
and other institutional locations within the borders of the City, to source separate designated recyclable
materials from the municipal solid waste stream.
A.
Category 1 designated recyclable materials shall be placed separately and placed curbside in a
manner and on such days and times as herein established.
B.
When curbside collection is not provided for designated recyclable materials, as is the case for those
recyclables included in Category 2, it shall be the obligation of the generator to deliver or arrange
for the delivery of such materials to the Cape May County Municipal Utilities Authority
(CMCMUA) recycling facilities located at the Sanitary Landfill and/or Transfer Station as
applicable, to any NJDEP-approved recycling center, or to the City's Central Recycling Station,
provided that such materials are accepted by the Central Recycling Station.
§ 434-10. Collection of Category 1 designated recyclable materials.
A.
Category 1 designated recyclable materials must be source separated and placed for collection
curbside in the following manner:
(1)
Paper products.
(a)
(b)
(c)
(2)
(b)
(c)
(4)
B.
Paper bags containing mixed paper may be placed in a reusable metal or plastic
container marked for recycling.
Paper placed in cardboard boxes or in paper bags shall not exceed 50 pounds in weight.
Glass food and beverage containers; metal food and beverage containers; plastic bottles and
jugs.
(a)
(3)
Mixed paper shall be placed in a paper bag or cardboard box.
These materials may be commingled (placed together) in
reusable recycling containers. No plastic or paper bags are to be used.
the
same
The filled container shall not exceed 32 gallons in size and 50 pounds in weight.
All recycling containers must have a recycling sticker or the word "RECYCLABLES,"
"RECYCLE" or "RECYCLING" clearly marked on the container.
Leaves; grass clippings; yard waste; Christmas trees.
(a)
Leaves and grass clippings shall be collected in reusable marked containers or
compostable paper bags.
(b)
Leaves and grass clippings shall be collected between April 15 and December 31, one
time per week on regular recycling days.
(c)
Leaves, grass clippings and yard waste are recyclable and are not to be commingled with
trash.
(d)
Residents may choose to compost leaves, grass clippings and yard waste generated on
their premises. Information on composting may be obtained by calling the Department
of Public Works.
White goods.
(a)
White goods shall be collected during the first full week of every month on
regular recycling days.
(b)
White Goods must be placed for collection curbside prior to 7:00 a.m. on collection day.
Refrigerator and freezer doors must be removed prior to placement outside.
The following Category 2 designated recyclable materials must be source separated and recycled by
the generator at authorized CMCMUA recycling facilities or any NJDEP-approved recycling center:
(1)
Wood pallets and crates.
(2)
Propane tanks.
(3)
Electronic waste.
(4)
Tires.
(5)
Antifreeze.
(6)
Batteries.
(7)
Used motor oil.
(8)
Kerosene/#2 heating oil.
(9)
Asphalt and concrete.
(10) Auto and truck bodies.
(11) Contaminated soil.
(12) Cooking grease.
(13) Consumer rechargeable NiCad and small sealed lead acid batteries.
(14) Bulky rigid plastic.
(15) Film plastic
§ 434-11. Size and type of private solid waste, recycling and nonrecycling containers;
preparation for collection.
A.
All designated recycling materials containers and nonrecycling materials containers shall:
(1)
Be reusable and made of a durable, weather-resistant, metal or plastic, with watertight secured
lids;
(2)
Have a capacity of not more than 32 gallons;
(3)
Not exceed 50 pounds in weight when filled with their contents;
(4)
Be kept clean, free from liquids, and be of safe construction and design maintained in good
repair, clean and safe condition.
B.
Designated recycling materials containers must have attached in a clearly visible fashion to the side
of the container a recycling sticker, or have the word "RECYCLABLES," "RECYCLE" or
"RECYCLING" clearly marked on the container. Recyclable brown paper bags and corrugated
boxes may also be used to contain mixed paper only.
C.
Bags (plastic, paper, burlap or otherwise) shall not be used for the deposit of residential or
commercial nonrecyclable materials unless the bags are placed in approved containers with secure
lids.
D.
All persons, firms, businesses, partnerships, corporations (including condominium associations),
every residence, commercial establishment and public or private institution in the City shall, at all
times, have an appropriate and adequate number of approved containers for storage and collection
for both recyclable material and nonrecyclable materials.
§ 434-12. Placement for collection.
A.
B.
All persons, corporations, partnerships and associations shall place at curbside or alley for collection
designated recyclable materials and nonrecyclable materials containers in accordance with the
following requirements:
(1)
No earlier than 6:00 p.m. on the day prior to collection and no later than 7:00 a.m. on the day
of collection.
(2)
At curbside for collection between the sidewalk and the curb, but shall not impede
pedestrians. In the event there is insufficient area between the sidewalk and curb, containers
may be placed in the street at least two feet from the curb, but shall not extend into a lane of
vehicular traffic, bicycle path, or so as to impede vehicular traffic. In all cases, such
containers shall be easily and safely accessible to collectors.
(3)
All containers must be removed as soon as possible on the day of collection.
(4)
All containers shall be stored so as not to be visible from the street or other public place.
No person, corporation, partnership or association shall place or cause to be placed any designated
recyclable material, nonrecyclable material, hazardous waste materials or any container or
receptacle containing such material in, on or near the following:
(1)
Any storm drain/drainage ditch opening or so close thereto as to be drawn by the elements into
the drain.
(2)
Any gutter so as to cause blockage of stormwater flows or possible blockage of storm drainage
systems if carried by elements into the drain.
(3)
Any lot, property, public street, sidewalk, alley, boardwalk, beach or other private place except
as herein permitted.
C.
It shall be unlawful and a violation of this article to fail to remove such materials if instructed by
appropriate officials of the City of Cape May.
D.
All persons, businesses, corporations, partnerships and associations that generate more designated
recyclable materials and nonrecyclable materials than can be safely stored and placed for collection
in approved containers shall be required to provide for private collection, removal and delivery of
designated recyclable materials and nonrecyclable materials to the Cape May County Intermediate
Processing Facility in Woodbine.
§ 434-13. Unauthorized collection; unauthorized placement.
No person, corporation, partnership or association, except employees or agents of the City in their official
capacity, shall:
A.
Overturn, spill, scatter, root through or pull apart any recyclable material or nonrecyclable material
or material container.
B.
Pick up or cause to be picked up or collect any recyclable materials or nonrecyclable material which
has been placed for collection. Each such collection shall constitute a separate and distinct offense.
C.
Place any recyclable material or nonrecyclable material into any container, receptacle or bundle
without the prior approval of the owner or lessee of the container.
D.
Place or cause to be placed any recyclable material or nonrecyclable material into a public use
container, if the materials are generated by activities occurring on a premises of a private residence
or commercial establishment, without the prior approval of the Department of Public Works.
§ 434-14. Central Recycling Station.
A.
B.
C.
Delivery to recycling station.
(1)
Owners, operators, occupants, or designated representatives of commercial properties and
residential properties in the City may deliver recyclable materials to the City's
Central Recycling Station during times and under terms to be set forth by the Department of
Public Works.
(2)
All vehicles transporting designated recyclable materials must do so in a manner that will
prevent materials, such as paper and cans, from flowing out of the vehicle and littering the
roadside. Open trucks or similar vehicles must be covered with a tarpaulin or similar material
while en route to recycling drop-off facilities.
(3)
Owners, operators, occupants, or designated representatives must present a valid driver's
license, tax bill, mercantile license or utility bill to verify that they are an owner, operator,
occupant, or designated representative of residential properties or commercial properties. An
identification system may be established by regulations of the Department of Public Works
Superintendent.
(4)
Contractors and private haulers are not permitted to use the City of Cape May
Central Recycling Station and must deliver recyclable materials to the Cape May County
Transfer Station in Burleigh or the Cape May County Intermediate Processing Facility in
Woodbine.
The Central Recycling Station will accept the following recyclable materials:
(1)
Paper products.
(2)
Glass food and beverage containers, metal food and beverage containers and plastic bottles and
jugs.
(3)
Leaves, grass clippings and yard waste. All branches and trees must not exceed six feet in
length and not be over four inches in diameter. No tree stumps will be accepted. All leaves
must be bagged or tarped and emptied into dumpsters (no trash bags are permitted in
dumpsters).
(4)
White goods.
(5)
Light iron materials.
(6)
Bulky rigid plastics. A list of rigid plastics materials accepted
Central Recycling Station shall be maintained by the Recycling Coordinator.
(7)
Shrink wrap
by
the
Usage. The Central Recycling Station is provided as a convenient recycling drop-off location and
does not suspend or relieve any person, owner, operator, occupant, or designated representative of
commercial property or residential property of compliance with the provisions of this article.
§ 434-15. Residential dwelling compliance requirements.
The owner of each property shall be responsible for compliance with this article. For multifamily units,
including but not limited to condominium complexes and seasonal hotel/motels and guest houses, the
management, owner, and/or condominium association is responsible for establishing and maintaining
the recycling system, including collection of source-separated recyclable materials, except for those
designated recyclable materials for which municipal collection service is provided to multifamily units.
Violations and penalty notices will be directed to the owner or management, in those instances where the
violator is not easily identifiable. The owner or management shall issue notification and collection rules
regarding recycling requirements to all new tenants when they arrive and with a reminder a minimum of
every six months during their occupancy.
§ 434-16. Commercial establishment compliance requirements.
A.
All commercial, business or industrial facilities shall be required to comply with the provisions of
this article.
B.
The arrangement for collection of all categories of designated mandatory recyclables hereunder shall
be the responsibility of the commercial, institutional or industrial property owner or its designee,
except for those specific designated recyclable materials that are collected by the municipality from
that property. All commercial, institutional or industrial properties at which litter is generated by
employees or the public shall provide litter and recycling receptacles. These properties shall provide
for separate recycling collection services for the contents of the recycling receptacles.
C.
Every business, institution or industrial facility shall report on a quarterly basis to the
Municipal Recycling Coordinator,
on
such
forms
as
may
be
prescribed,
regarding recycling activities at its premises, including the amount and type of recycled material not
placed curbside for municipal collection. If material is removed from the premises by a hauler,
recycler or paper shredder, the quantity and final disposition of the material is to be reported on the
form.
D.
All food service establishments, as defined in the Health Code, shall, in addition to compliance with
all other recycling requirements, be required to recycle grease and/or cooking oil created in the
processing of food or food products, and maintain such records as may be prescribed, for inspection
by any code enforcement officer.
§ 434-17. New developments of multifamily residential units or commercial, institutional or
industrial properties.
A.
Any application to the Planning Board or the Zoning Board of Adjustment of the City of Cape May,
for subdivision or site plan approval for the construction of multifamily dwellings of three or more
units, single-family developments of three or more units or any commercial, institutional or
industrial development of 1,000 square feet or more must include a recycling plan. This plan shall
contain, at a minimum, the following:
(1)
A detailed analysis of the expected composition and amounts of solid waste and recyclables
generated at the proposed development; and
(2)
Locations documented on the application's site plan that provide for
convenient recycling opportunities for all owners, tenants, and occupants. The recycling area
shall be of sufficient size, convenient location and contain other attributes (signage, lighting,
fencing, etc.) as may be determined by the Municipal Recycling Coordinator.
B.
Prior to the issuance of a certificate of occupancy by the City of Cape May for any development
approved by the Planning Board or Zoning Board of Adjustment of the City of Cape May pursuant
to Subsection A, the owner thereof must supply a copy of a duly executed contract with a hauling
company for the purposes of collection and recycling of source-separated recyclable materials for
those locations or properties where the municipality does not otherwise provide this service.
§ 434-18. Construction, renovation and demolition debris recovery plan.
For all activities that require municipal approval, such as construction, demolition or public event permits,
a designated recyclable materials plan shall be filed along with all other required permit conditions. The
plan shall include information on the anticipated amount of debris to be generated and recycled and
provisions for the recovery of all designated recyclable materials generated during construction,
renovation and demolition activities, as well as public events. Those applicants who do not comply with
the pre-construction requirement will not be issued a building or demolition.removal permit. The
applicant is required to submit information at the conclusion of their project documenting the actual
amount of waste disposed and recycled.
§ 434-19. Compliance with diversion requirement.
The Municipal Recycling Coordinator shall review the information submitted pursuant to this article and
determine, prior to the issuance of the municipal approval or permit, whether the plan submitted by the
owner of the entity carrying out the covered activity will comply or fail to comply with
the recycling requirements set forth herein. The determination regarding compliance will be provided to
the Public Works Superintendent and the owner of the entity carrying out the covered project in writing.
When such plan is deemed not compliant, the Municipal Recycling Coordinator shall include specific
conditions to be implemented by the permit holder to achieve compliance. It shall be a violation of this
article for any owner or permit holder to fail to comply with the recycling requirements set forth herein.
§ 434-20. Severability.
If any section, paragraph, subsection, clause or provision of this article shall be adjudged by a court of
competent jurisdiction to be invalid, such adjudication shall apply only to the section, paragraph,
subsection, clause or provision so adjudged, and the remainder of this article shall be deemed valid and
effective.
§ 434-21. Rules and regulations.
The City Council is hereby authorized by resolution to promulgate, from time to time, additional rules
and regulations relating to the source separation, preparation, placement and collection of designated
recyclable materials pursuant to the provisions of this program and article; provided, however, that such
rules and regulations shall not be inconsistent with terms and provisions of this article and shall be
approved by the City Council. Such rules and regulations shall be duly promulgated subsequent to
publication so that the public has had notice thereof.
§ 434-22. Enforcement.
A.
The Code Enforcement Officer, Recycling Coordinator, Cape May Police Department and Cape
May County Health Department shall be the enforcing agents for this article, and shall issue written
warnings and summonses for violations of this article.
B.
The Cape May County Health Department ("CMCHD") shall be empowered to enforce the
provisions of this article. The City shall retain primary enforcement responsibility, with the
CMCHD serving in a secondary enforcement role which includes authority to inspect commercial
establishments.
§ 434-23. Violations and penalties.
Any person, corporation, partnership or association violating the provisions of this article shall be liable,
upon conviction, to the penalty stated in Chapter 1, Article III, Penalty. Subject to the discretion of the
court, a penalty of appropriate community service may be imposed.